Cyclist responsible for collision which writes off car: who pays?
My 16 year old son was involved in a road accident when he was riding his bicycle when he pulled out of a junction on to a main road in the path of an oncoming car. Luckily the car driver saw him and swerved so that the bike and my son were given a glancing blow rather than a head on smack. The car, a L reg Cavalier, has been damaged so as to be uneconomically repairable. My son got away with superficial scratches and bruises. My question is, what is my position with regard to compensation to the car owner? The accident was my son's fault, but as is perfectly legal, he was not insured. It does not seem fair for the cost of the accident to go on to the car driver. What is the legal position?
It is very refreshing to see a parent taking such a responsible attitude. Negligent persons under the age of 18 cannot be sued, although in theory their parents can if the parents were negligent in allowing the action which caused the negligence to occur.
This is of course difficult to prove and seems unlikely to succeed in this case.
Thus the car driver is likely to have to meet the costs of the loss but there may be some cover on your house contents insurance policy for reasonable third party claims. This may slightly affect your insurance premium and you should check the outcome with your broker or insurer.
